2020 Delhi riots: Court charges man of burning godown causing death, discharges 11 others

“As far as accused Shanu is concerned, the evidence on the record shows him to be part of the riotous mob, which was indulging into acts against persons from Hindu communities and their properties, so as to vandalize and set on fire such properties,” said Additional Sessions Judge Pulastya Pramachala while passing the order.

The prosecution examined eight witnesses and chargesheeted 12 people. Except for Shanu, 11 other men were discharged.

The court discharged the 11 men in the case observing that their presence in the mob during different points of time cannot be the basis to make them liable for the death of Dilbar Negi.

The court also noted eyewitnesses did not identify any of these 11 as accompanying Shanu while entering the godown just before it was set on fire. Negi’s body was recovered in February 2020.

According to a witness, he saw Shanu entering the godown along with the mob armed with stones and petrol bottles among other weapons.

The prosecution said the Call Detail Record (CDR) locations of all the accused showed their presence at the crime scene.

However, counsels representing Shanu submitted there was no electronic evidence against him in any form to establish his presence at the crime scene on the date and time of the incident as alleged. Submitting that charges of criminal conspiracy weren’t made on the accused, the defence said the investigation agency had “merely tried to pull the wool over the court’s eyes and nothing else”.

“However, for the purpose of criminal conspiracy, something more is required to be shown by the prosecution ie to show a prior agreement among members of such a mob to do a particular act. It is also possible that on spur of the moment or on instant call a person joins a mob indulged into any act as per motive of the mob,” noted ASJ Pramachala discharging the other accused of the offence of criminal conspiracy.

The First Information Report (FIR) in this case was registered at the Gokulpuri police station in 2020 under sections 147 (punishment for rioting), 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly), 302 (murder) and 436 (mischief by fire) of the Indian Penal Code (IPC) among others.